MAHINDER SINGH Vs. STATE

JUDGEMENT

(1.) Vide judgment dated 4/09/1989, an AdditionalSessions Judge, Delhi, had convicted Satish, Nand Kishore, Gopal, MohinderSingh and Mohan Singh for offences punishable under Sections 307, 365, 395 &397 read with Section 34 of the Indian Penal Code (for short 'IPC') and hadalso convicted Nand Kishore for an offence punishable under Sections 27/54/59of the Arms Act and had convicted Dhanpal for an offence punishable underSection 412 Indian Penal Code although in some places in the judgment he is shown to beconvicted for an offence punishable under Section 411 IPC, and vide subsequentorder dated 7/09/1989, accused Satish, Nand 'Kishore, Mohan Singh,Mahinder Singh and Gopal were sentenced to undergo rigorous imprisonmentfor five years and to pay a fine of Rs. 1,000.00 each under Section 307 read withSection 34 Indian Penal Code with the direction that 50% of the fine if realised shall be paidto the complainant and in default of payment of fine, to undergo rigorousimprisonment for 15 days each and imposed sentence of five years rigorousimprisonment and a fine of Rs. 200.00 each and in default of payment of fine, toundergo rigorous imprisonment for 10 days for the offence punishable underSection 365 read with Section 34 Indian Penal Code and to undergo rigorous imprisonmentfor four years and to pay a fine of Rs. 200.00 each and in default of payment offine, to undergo rigorous imprisonment for 10 days for offences punishableunder Sections 395, 397 read with Section 34 Indian Penal Code and Nand Kishore was awarded additional sentence of simple imprisonment for two years and to pay a fineof Rs. 1,000.00 and in default of payment of fine, to undergo simple imprisonment for 15 days for an offence punishable under Sections 27/54/59 of the ArmsAct while accused Dhanpal was awarded rigorous imprisonment for two yearsand to pay a fine of Rs. 1,000.00 and in default of payment of fine, to undergorigorous imprisonment for 15 days for an offence punishable under Section412 IPC.

(2.) It appears that convict Gopal remained in custody since his arrestand throughout the trial and had undergone the sentences imposed and thuspreferred not to file any appeal, Mohinder Singh and Dhanpal in CriminalAppeal No. 114/89 through a Counsel and Mohinder Singh in appeal throughJail being Criminal Appeal No. 91/91, Mohan Singh in Criminal Appeal No.161/89 through Jail and Nand Kishore in Criminal Appeal No. 162/89 throughJail and Satish Kumar in Criminal Appeal No. 123/90 have challenged theirconvictions and sentences. All these appeals are being disposed of by thisjudgment.

(3.) The facts of the prosecution case, in brief, are that PW2 HarinderParshad Shani, an electrician by profession and resident of Village Chainpur(Bihar) but residing in House No. 105, Village Teh Khand, New Delhi, duringthe intervening night of March 15-16, 1984, alongwith his wife Sudha PW3and a child aged about one and a half years were coming on a bicycle afterseeing a movie and had just crossed P-26, Okhla Phase-1 factory, that a carcame from behind and someone from the car asked him to stop but on his notstopping the cycle the car was struck against the bicycle and they fell down andout of the persons present in Car four came out and out of whom two had openknives in their hands and they forcibly lifted Sudha and put her at the backseat and had driven the car away. The number of the car was DHB 6514 andlie pursued the car on his bicycle raising an alarm and in the meanwhile policepatrolling on a motorcycle managed to stop the car near A-1, Okhia Phase-1and three of the culprits, namely, Satish, Nand Kishore and Gopal whosenames and addresses were found out after they were apprehended and had gotout of the car in order to run away but they were nabbed and Nand Kishorewas found armed with a knife and the other culprits managed to run awayafter robbing his wife of a pair of silver pajeb and one golden chain. Thesketch of the knife was prepared which Ex. P4 which was taken in possessionafter converting into a sealed parcel vide Memo Ex. PW2/C. On the statementof Harinder Parshad Shani Ex. PW2/A, the case was registered.